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1979 Supreme(Ker) 215

T.KOCHU THOMMEN
JANU AMMA – Appellant
Versus
R. D. O. , KOZHIKODE – Respondent


Judgment :-

1. The only question which arises is whether the petitioner's application for reference under S.20 (2) of the Kerala Land Acquisition Act, 1961 ('the, Act') was presented within time. The proviso to sub-section (2) reads:

"Provided that every such application shall be made

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under sub-section (2) of S.12 or within six months from the date of the Collector's award, whichever period shall first expire."

The notice under S.12(2) was served on the petitioner on 24-2-1977. The petitioner's application under S.20 (2) was received by the Land Acquisition Officer on 7-4-1977. If the period of six weeks is computed as from 24-2-1977, which is what the officer has done, the application was received one day late as the time in that event had expired on 6-4-1977.

2. Petitioner's counsel Shri Mohan C. Menon relying upon S.8 of the Interpretation and General Clauses Act, 1125, contends that for the purpose of reckoning the period of limitati





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